HomeMy WebLinkAboutLegislative Review - AB2353 (Leslie) - Electric Vehicles60
CITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: REQUEST FOR CONSIDERATION OF LEGISLATIVE REVIEW
COMMITTEE ACTION ON AB2353 (LESLIE) AT ITS MEETING OF
APRIL 27, 2004.
DATE: May 13, 2004
CONTENTS: AB2353 LANGUAGE.
Recommendation:
By Minute Motion, concur with the action taken by the Legislative Review Committee at its
meeting of April 27, 2004, and direct staff to prepare a letter of opposition for the Mayor's
signature with regard to AB2353 (Leslie) relative to Electric Vehicles.
Executive Summary:
Passage of AB2353 would revise the current provisions of current legislation relating to golf
cart transportation.
Background:
Existing law authorizes a city or county to establish a golf cart transportation plan. This bill
would revise the provisions of current legislation relating to a Golf Cart Transportation Plan
to instead authorize a city or county to establish a Neighborhood Electric Vehicle
Transportation Plan. Passage of AB2353 would severely affect the Golf Cart
Transportation Program currently in place in the City of Palm Desert in that golf carts are
specially omitted from the bill's language. Therefore, the Legislative Review Committee
recommends that the City Council oppose AB2353, unless the language of the bill is
amended to include golf carts, and direct staff to prepare a letter stating that position to the
appropriate Legislators for the Mayor's signature.
PATRICIA SCULLY
SENIOR MANAGEMENT A
SHEILA R. GILL hGA
ST
NM-
PAUL GIBSON
DIRECTOR OF FINANCE/
CITY TREASURER
ASSISTANT CITY MAN GER CITY MANAGER
i
AB 2353 Assembly Bill - AMENDED
Page 1 of 5
BILL NUMBER: AB 2353 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2004
AMENDED IN ASSEMBLY MARCH 24, 2004
INTRODUCED BY Assembly Member Leslie
FEBRUARY 19, 2004
An act to amend Sections 1950, 1951, 1953, 1955, 1957, 1959, and
1961 of, and to amend the heading of Chapter 6 (commencing with
Section 1950) of Division 2.5 of, the Streets and Highways Code, and
to amend Sections 385.5, 21250, 21251, and 21260 of the Vehicle Code,
relating to neighborhood electric vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2353, as amended, Leslie. Neighborhood Electric Vehicles.
Existing law defines "low -speed vehicle" for purposes of the
Vehicle Code as a motor vehicle, other than a motor truck, with 4
wheels on the ground that is capable of a minimum speed of 20 miles
per hour and a maximum speed of 25 miles per hour on a paved level
surface and that has an unladen weight of 1800 pounds or less.
Existing law imposes certain restrictions on the use of low -speed
vehicles on public streets and highways, and generally requires an
operator of a low -speed vehicle to have a driver's license. A
violation of the Vehicle Code is an infraction, unless otherwise
specified.
Existing law authorizes a city or county to establish a golf cart
transportation plan subject to the review of the appropriate
transportation planning agency and traffic law enforcement agency.
Existing law provides that operating a golf cart other than on an
authorized roadway is an infraction punishable by a fine not
exceeding $100.
This bill would revise the provisions relating to a golf cart
transportation plan to instead authorize a city or county to
establish a neighborhood electric vehicle (NEV) transportation plan
subject to the same review process. The bill would define
"neighborhood electric vehicle" for these purposes to have the same
meaning as the above definition of "low -speed vehicle." The bill,
among other things, would provide for the plan to authorize the use
of state highways by NEVs under certain conditions. The bill would
enact other related provisions. Because the bill would revise the
definition of a crime, it would impose a state -mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
http://info.sen.ca.gov/pub/bill/asm/ab_2351-2400/ab 2353 bill 20040331_amended_asm.... 4/14/2004
AB 2353 Assembly Bill - AMENDED Page 2 of 5
SECTION 1. The heading of Chapter 6 (commencing with Section 1950)
of Division 2.5 of the Streets and Highways Code is amended to read:
CHAPTER 6. NEIGHBORHOOD ELECTRIC VEHICLE TRANSPORTATION PLAN
SEC. 2. Section 1950 of the Streets and Highways Code is amended
to read:
1950. It is the intent of the Legislature, in enacting this
chapter, to authorize any city or county to establish a neighborhood
electric vehicle (NEV) transportation plan for a plan area in the
city or county. It is the further intent of the Legislature that
this transportation plan be designed and developed to best serve the
functional travel needs of the plan area, to have the physical safety
of the NEV driver's person and property as a major planning
component, and to have the capacity to accommodate NEV drivers of
every legal age and range of skills. It is the intent of the
Legislature, in enacting this chapter, to encourage discussions
between the Legislature, the Department of Motor Vehicles, and the
California Highway Patrol regarding the adoption of a new
classification for licensing motorists who use neighborhood electric
vehicles.
SEC. 3. Section 1951 of the Streets and Highways Code is amended
to read:
1951. The following definitions apply to this chapter:
(a) "Plan area" means that territory under the jurisdiction of a
city or county designated by the city or county for a NEV
transportation plan, including the privately owned land of any owner
that consents to its inclusion in the plan.
(b) "Neighborhood electric vehicle" or "NEV" means a low -speed
vehicle as defined by Section 385.5 of the Vehicle Code.
(c) "NEV lanes" means all publicly owned facilities that provide
for NEV travel including roadways designated by signs or permanent
markings which are shared with pedestrians, bicyclists, and other
motorists in the plan area.
(d) "Golf cart" means a motor vehicle having not less than three
wheels in contact with the ground and unladen weight less than 1,300
pounds which is designed to be and is operated at not more than 25
miles per hour and is designated to carry golf equipment and not more
than two persons, including the driver.
(e) "Speed -modified golf cart" means a golf cart that is modified
to meet the safety requirements of Section 571.500 of Title 49 of the
Code of Federal Regulations.
SEC. 4. Section 1953 of the Streets and Highways Code is amended
to read:
1953. (a) A city or county may, by ordinance or resolution, adopt
a NEV transportation plan.
(b) The transportation plan shall have received a prior review and
the comments of the appropriate transportation planning agency
designated under subdivision (a) or (b) of Section 29532 of the
Government Code and any agency having traffic law enforcement
responsibilities in that city or county.
(c) The transportation plan may include the use of any
stat highway with a p ct d sp d limit f 35 mil c per h ur r 1 se.
with a p st d sra^;d , ;,.; in exc ss f 35 mil c p r h ur subj ct t
th appr val f th ag ncy having primary traffic n 4.
r sp nci iliti c f r that highway.
http://info.sen.ca.gov/pub/bill/asm/ab_2351-2400/ab_2353_bill 20040331_amended asm.... 4/14/2004
AB 2353 Assembly Bill - AMENDED
Page 3 of 5
(d) Tho trancportation plan may allow tho croccing of anyhctattoo
e 6curs at an intersoction of approximatoly 90 dogreoc. Tho
transportation plan may allow tho crossing of any stato highway with
a poctod cpood limit in or_coss of 35 miles por hour at an having
intersection subject to approval by the agoncy
a state highway, or any crossing of the highway,
subject to the approval of the Department of Transportation.
SEC. 5. Section 1955 of the Streets and Highways Code is amended
to read:
1955. The transportation plan shall include, but is not limited
to, all of the following elements:
(a) Route selection, which includes a finding that the route will
accommodate NEVs without an adverse impact upon traffic safety, and
will consider, among other things, the travel needs of commuters and
other users.
(b) Transportation interfacing, which shall include, but not be
limited to, coordination with other modes of transportation so that a
NEV driver may employ multiple modes of transportation in reaching a
destination in the plan area.
(c) Citizens and community involvement in planning.
(d) Flexibility and coordination with long-range transportation
planning.
(e) Provision for NEV related facilities including, but not
limited to, special access points and NEV crossings.
(f) Provisions for parking facilities, including, but not limited
to, community commercial centers, golf courses, public areas, parks,
and other destination locations.
(g) Provisions for special paving, road markings, signage and
striping for NEV travel lanes, road crossings, parking, and
circulation.
(h) Provisions for NEV electrical charging stations.
(i) NEV routes along and crossing state highways subject to
cubdivici ns (c) and (d) subdivision (c)
of Section 1953.
(j) NEV lanes for the purposes of the transportation plan shall be
classified as follows:
(1) Class I NEV routes provide for a completely separate
right-of-way for the xcluciv use of NEVs.
Th sugg ct d width f r a Clacc I NEV r ut is 12 f t f r
tw -way tray 1 with a tw -f t grad d sh uld r.
(2) Class II NEV routes provide for a separate striped lane
adjacent to roadways with speed limits of 55 miles per hour or less.
Th cuggoctod width f r a Clacs II NEV routo-is c von fo t_
(3) Class III NEV routes provide for shared use by NEVs with
conventional vehicle traffic on streets with a posted speed limit of
35 miles per hour or less.
SEC. 6. Section 1957 of the Streets and Highways Code is amended
to read:
1957. If a city or county adopts a NEV transportation plan, it
shall do both of the following:
(a) Establish minimum general design criteria for the development,
planning, and construction of separated NEV lanes, including, but
not limited to, the design speed of the facility, the space
requirements of the NEV, and roadway design criteria.
http://info.sen.ca.gov/pub/bill/asm/ab_2351-2400/ab 2353 bill_20040331_amended_asm.... 4/14/2004
AB 2353 Assembly Bill - AMENDED
Page 4 of 5
(b) In cooperation with the department, establish uniform
specifications and symbols for signs, markers, and traffic control
devices to control NEV traffic; to warn of dangerous conditions,
obstacles, or hazards; to designate the right-of-way as between NEVs,
other vehicles, and bicycles; to state the nature and destination of
the NEV lane; and to warn pedestrians, bicyclists, and motorists of
the presence of NEV traffic.
SEC. 7. Section 1959 of the Streets and Highways Code is amended
to read:
1959. A city or county that adopts a NEV transportation plan may
do the following:
(a) Acquire, by dedication, purchase, or condemnation, real
property, including easements or rights -of -way, to establish NEV
lanes.
(b) Establish a NEV transportation plan as authorized by this
chapter.
SEC. 8. Section 1961 of the Streets and Highways Code is amended
to read:
1961. A city or county that adopts a NEV transportation plan
shall adopt all of the following as part of the plan:
(a) NEVs eligible to use NEV lanes shall meet the safety
requirements for low -speed vehicles as set forth in Section 571.500
of Title 49 of the Code of Federal Regulations.
(b) A permit process for golf carts that requires speed -modified
golf carts to meet minimum design criteria adopted pursuant to
subdivision (a). The permit process may include, but not be limited
to, permit posting, permit renewal, operator education, and other
related matters.
(c) Minimum safety criteria for NEV operators, including, but not
limited to, requirements relating to NEV maintenance and NEV safety.
Operators shall be required to possess a valid California driver's
license and to comply with the financial responsibility requirements
established pursuant to Chapter 1 (commencing with Section 16000) of
Division 7.
(d) (1) Restrictions limiting the operation of NEVs to separated
NEV lanes on those roadways identified in the transportation plan,
and allowing only those NEVs and speed -modified golf carts that meet
the safety equipment requirements specified in the plan to be
operated on separated NEV lanes of approved roadways in the plan
area.
(2) Any person operating a NEV in the plan area in violation of
this subdivision is guilty of an infraction punishable by a fine not
exceeding one hundred dollars ($100).
SEC. 9. Section 385.5 of the Vehicle Code is amended to read:
385.5. A "low -speed vehicle" is a motor vehicle, other than a
motor truck, having four wheels on the ground and an unladen weight
of 1,800 pounds or less, that is capable of propelling itself at a
minimum speed of 20 miles per hour and a maximum speed of 25 miles
per hour, on a paved level. surface. For the purposes of this
section, a "low -speed vehicle" is not a golf cart, except when
operated pursuant to Section 21115 or 21115.1. A "low -speed vehicle"
is also known as a "neighborhood electric vehicle."
SEC. 10. Section 21250 of the Vehicle Code is amended to read:
21250. For the purposes of this article, a low -speed vehicle
means a vehicle as defined in Section 385.5. A "low -speed vehicle"
is also known as a "neighborhood electric vehicle."
SEC. 11. Section 21251 of the Vehicle Code is amended to read:
21251. Except as provided in subdivision (e) of Section 1961 of
the Streets and Highways Code, and Sections 4023, 21115, and 21115.1,
a low -speed vehicle is subject to all the provisions applicable to a
http://info.sen.ca.gov/pub/bill/asm/ab 2351-2400/ab_2353_bill_20040331_amended asm.... 4/14/2004
AB 2353 Assembly Bill - AMENDED Page 5 of 5
motor vehicle, and the driver of a low -speed vehicle is subject to
all the provisions applicable to the driver of a motor vehicle or
other vehicle, when applicable, by this code or any other code, with
the exception of those provisions which, by their very nature, can
have no application.
SEC. 12. Section 21260 of the Vehicle Code is amended to read:
21260. (a) Except as provided in paragraph (1) of subdivision
(b), or in an area where a neighborhood electric vehicle
transportation plan has been adopted pursuant to Chapter 6
(commencing with Section 1950) of Division 2.5 of the Streets and
Highways Code, the operator of a low -speed vehicle shall not operate
the vehicle on any roadway with a speed limit in excess of 35 miles
per hour.
(b) (1) The operator of a low -speed vehicle may cross a roadway
with a speed limit in excess of 35 miles per hour if the crossing
begins and ends on a roadway with a speed limit of 35 miles per hour
or less and occurs at an intersection of approximately 90 degrees.
(2) Notwithstanding paragraph (1), the operator of a low -speed
vehicle shall not traverse an uncontrolled intersection with any
state highway unless that intersection has been approved and
authorized by the agency having primary traffic enforcement
responsibilities for that crossing by a low -speed vehicle.
SEC. 13. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
http://info.sen.ca.gov/pub/bill/asm/ab 2351-2400/ab 2353 bill 20040331 amended asm.... 4/14/2004